ORS 199.505
Effective date of minor boundary changes
- objections
- election
(1)
If the boundary commission by its final order approves a minor boundary change other than a transfer of territory, the change shall take effect at the time specified in the final order. Except for annexation proceedings initiated by a city or district, the effective date shall not be less than 45 days, nor more than one year, after the date the commission adopts the final order approving the change. For annexation proceedings initiated by a city or district, the effective date shall not be earlier than 45 days, nor more than 10 years, after the date the commission adopts the final order approving the change. If no effective date is specified in the final order, the order shall take effect 45 days after the commission adopts the final order approving the change. However, the change shall not take effect unless it is also approved by the electors if within 45 days after the date of the adoption of the order:(a)
Written objections to the change signed by not less than 10 percent or 100, whichever number is the lesser, of the electors in the affected territory are filed with the commission; or(b)
A resolution objecting to the change adopted by the city council of the affected city or district board of the affected district is filed with the commission.(2)
If objections as required by this section are filed by a city council or district board, the council or board shall call and hold an election in the affected city or district on the boundary change as approved. If objections are filed by the electors, the commission shall certify the fact of the objections to:(a)
The city council or district board of the affected city or district, if the change involves a withdrawal of territory, whereupon the council or board shall call an election in the city or district.(b)
The county board of the county where the territory is located, if the change involves an annexation, whereupon the board shall call an election in the territory. Where a minor boundary change has been initiated pursuant to ORS 199.490 (Procedure for minor boundary changes or transfers of territory) (1)(a), cost of an election required by this paragraph shall be paid by the city or district to which the territory is proposed to be annexed.(3)
An election required by subsection (2) of this section shall be held on the next appropriate election date authorized under ORS 203.085 (County election dates), 221.230 (Election dates) or 255.345 (Special election dates). A city council or a board that calls an election under this section shall certify the results of the election to the commission. If a majority of those voting on the proposition in each election approve the change approved by the commission, the commission thereupon shall proclaim the results of the election. Upon the adoption of the proclamation the change shall take effect. [1969 c.494 §17; 1971 c.288 §1; 1971 c.462 §16; 1975 c.157 §2; 1975 c.361 §4; 1981 c.265 §10; 1983 c.336 §17; 1989 c.176 §2; 1991 c.637 §8; 1997 c.541 §349]
Source:
Section 199.505 — Effective date of minor boundary changes; objections; election, https://www.oregonlegislature.gov/bills_laws/ors/ors199.html.
Attorney General Opinions
Withdrawal of territory from a district, (1975) Vol 37, p 737
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